You own your house and live in it. Can you share one or two spare rooms with people who are not family, for a month or longer? This page answers that question for New York, from its state laws and a sample of its cities and counties. We call it a typical home share.

New Yorkat a glance

New York law

Should you worryabout zoning?

Answer four quick questions. We will show you what the rules we found say for a home like yours, and what to ask your city or county. It works for homeowners and for the family members helping them.

Check your situation

Cities and countiesin New York

Cities and counties

Details for each location

This page is here to help you learn and to give you context. It does not interpret any zoning code and is not legal advice. Rules vary and change, and only your city or county planning office can say what applies to your home.

What the law asksof a home share

Where a state's landlord and tenant law covers home sharing, it gives you and your home sharer a few ground rules. Knowing them up front makes for a better agreement and fewer surprises.

Ground rules in New York

Sharing, boarding, renting, rooming:what the words mean

The laws and codes rarely say "home sharing." They use older words, and each city or county can define them differently. Here is what each word means in everyday terms, and how New York and the locations in our sample use it.

For local leaders

For the national picture, the history of these rules, and more resources, see The Rules Behind the Spare Room.

This page is here to help you learn and to give you context. It does not interpret any zoning code and is not legal advice. Rules vary and change, and only your city or county planning office can say what applies to your home.

Citations, Definitions & SourcesOpen the fine printClose the fine printEvery rule on this page is quoted from a law, a code, or a court opinion, with the date we checked it. The sources for New York are available by clicking Open the Fine Print.

Definitions

A typical home share. You own your house and live in it, and you share one or two spare rooms with people who are not family, for a month or longer.

The six answers. Yes: the rules we found allow a typical home share with no extra step. Yes, with limits: they allow it but set a limit, such as a number of people or rooms. Yes, after a permit or sign-up: they allow it once a step is done. Not clear: the rules do not answer it either way, or we could not read them. No county zoning found: the county and state sources we read show no county zoning code, though none says so in words. No: the rules do not allow it.

State policy and zoning toward home sharing. The map groups states by what their laws and plans do for home sharing today. A state is Leading when two things are true. First, its law stops cities and counties from limiting who lives together based on family ties, in all cases or in some. Second, the state has committed to home sharing: it names home sharing in its State Plan on Aging, an aging strategy, or an affordable housing plan, funds an ongoing home sharing program, or has a law that allows such funding. A one-time pilot is a welcome first step, but it does not count as a statewide commitment. A state is Supportive when one of the two is true, Open when neither is but its landlord and tenant law clearly covers home sharing, and Getting started when none of these is true yet. A state is marked as an opportunity, in a lighter shade on the map, when it has committed to home sharing but its laws do not yet protect home sharing statewide or do not yet say clearly which ground rules apply. Every check traces to a cited source on the state's page. The groups describe state law and policy, not how welcoming any community is, and not what any particular home may do.

Single housekeeping unit. Many zoning codes say a family or household must live as a "single housekeeping unit." The phrase describes people who live together as one household, sharing the home, rather than as separate tenants under one roof. Most codes use it without saying more, and each city or county decides what it means. The codes in our sample that spell it out point to the same kinds of things: sharing the kitchen and living areas, sharing chores and expenses, and, as signs of separate households, locks on bedroom doors or separate leases. Where a city or county on this page defines the phrase, its entry quotes the definition under Read the code. If your city or county's code uses the phrase, ask the planning office how it applies to a home share, such as one where the person sharing your home pays rent and has their own room.

Checked. The date we last read the source itself. Codes change. Your planning office has the current version.

Sources for New York

SourceWhere it is used
Baer v. Town of Brookhaven, 73 N.Y.2d 942 (1989)New York. Checked 2026-10-08. Open the source.
RPAPL 711 (NY Senate consolidated laws)New York. Checked 2026-10-08. Open the source.
RPAPL 713 (NY Senate consolidated laws)New York. Checked 2026-10-08. Open the source.
RPAPL 768 (NY Senate consolidated laws; revision dated 2019-06-28)New York. Checked 2026-10-08. Open the source.
McMinn v. Town of Oyster Bay, 66 N.Y.2d 544 (1985) (opinion text, openjurist reproduction)New York. Checked 2026-10-08. Open the source.
Matter of 16 Main St. Prop., LLC v Village of Geneseo, 2024 NY Slip Op 01450 (official NY Slip Opinion)New York. Checked 2026-10-08. Open the source.
Village of Belle Terre v. Boraas, 416 U.S. 1 (1974)New York. Checked 2026-10-08. Open the source.
Moore v. City of East Cleveland, 431 U.S. 494 (1977)New York. Checked 2026-10-08. Open the source.
Real Property Law 226-c(2): "If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days' notice."New York. Checked 2026-10-08. Open the source.
General Obligations Law 7-108(1-a)(a): "No deposit or advance shall exceed the amount of one month's rent"; (e): "Within fourteen days after the tenant has vacated the premises, the landlord shall provide the tenant with an itemized statement"New York. Checked 2026-10-08. Open the source.
Real Property Law 235-b(1)New York. Checked 2026-10-08. Open the source.
Executive Law 296(5)(a)(4)(i): "The provisions of subparagraphs one and two of this paragraph shall not apply ... (3) to the rental of a room or rooms in a housing accommodation, if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and the owner resides in such housing accommodation."New York. Checked 2026-10-08. Open the source.
42 U.S.C. 3603(b)(2)New York. Checked 2026-10-08. Open the source.
42 U.S.C. 1982New York. Checked 2026-10-08. Open the source.
Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968): section 1982 "contains none of the exemptions" in the Fair Housing ActNew York. Checked 2026-10-08. Open the source.
2023-2027 NY State Plan on Aging, p. 27New York. Checked 2026-10-08. Open the source.
NYS Master Plan for Aging Final Report pageNew York. Checked 2026-10-08. Open the source.
NYS Master Plan for Aging Final Report documentNew York. Checked 2026-10-08. Open the source.
NYS Consolidated Plan 2021-2025New York. Checked 2026-10-08. Open the source.
NY FY 2011-12 Executive Budget, Office for the Aging presentationNew York. Checked 2026-10-08. Open the source.
ZR 12-10, "family" and "dwelling unit" (last amended 12/5/2024)New York City, New York. Checked 2026-10-08. Open the source.
ZR 22-12, 22-121 and 22-122, Use Group II (last amended 12/5/2024)New York City, New York. Checked 2026-10-08. Open the source.
ZR Article I Chapter 2 (web version created 9/27/17): "rooming unit" (7/26/01), "residence" (3/22/16), earlier "family" (2/2/11)New York City, New York. Checked 2026-10-08. Open the source.
NYC Admin. Code 27-2004 a(4), a(6), a(15), a(17) (Housing Maintenance Code definitions; American Legal, September 2026 version)New York City, New York. Checked 2026-10-08. Open the source.
NYC Admin. Code 27-2078, Rental of rooms to boardersNew York City, New York. Checked 2026-10-08. Open the source.
HPD, Register Your PropertyNew York City, New York. Checked 2026-10-08. Open the source.
Mayor's Office of Special Enforcement, Short-Term Rental RegistrationNew York City, New York. Checked 2026-10-08. Open the source.
NY Multiple Dwelling Law 4(8)(a) and 4(16)New York City, New York. Checked 2026-10-08. Open the source.
Albany Code 375-602, Definitions ("Household", "Dwelling unit", "Rooming house", "Group Living, Other", "Dwelling, Single-Unit Detached")Albany, New York. Checked 2026-10-08. Open the source.
Albany Code 375-301 and 375-302, Permitted Use TableAlbany, New York. Checked 2026-10-08. Open the source.
Albany Code 375-203, Residential districts (R-1L, R-1M)Albany, New York. Checked 2026-10-08. Open the source.
Albany Code Chapter 231, Part 4, 231-130 to 231-133Albany, New York. Checked 2026-10-08. Open the source.
Albany Code search, "short-term"Albany, New York. Checked 2026-10-08. Open the source.
Town of Lake Pleasant Land Use Code, Part I Zoning Regulations (adopted June 2, 2008), Article IV Section 5 and Article V Section 9(A)Hamilton County, New York. Checked 2026-10-08. Open the source.
Town of Lake Pleasant Use Regulation Table (Attachment 1)Hamilton County, New York. Checked 2026-10-08. Open the source.
Town of Lake Pleasant, Short Term Rental 2024 Notice of Illegal OperationHamilton County, New York. Checked 2026-10-08. Open the source.
Town of Lake Pleasant Code Enforcement page (document list)Hamilton County, New York. Checked 2026-10-08. Open the source.
Town of Lake Pleasant Laws and Ordinances pageHamilton County, New York. Checked 2026-10-08. Open the source.
NY Town Law 261 (grant of zoning power to town boards)Hamilton County, New York. Checked 2026-10-08. Open the source.

Cite This Paper

HomeShare Oregon. (2026). The Rules Behind the Spare Room: New York. https://homeshareoregon.org/research/rules-behind-the-spare-room/new-york/

About HomeShare Oregon

HomeShare Oregon publishes this paper as students of aging, housing, and community infrastructure. We operate one of many possible interventions in the missing middle. We believe the most useful contribution we can make to the larger field is to add a frame and a research agenda, rather than to argue for our particular role within it.

If you are working on related questions, we would like to hear from you. Email the executive director at executivedirector@homeshareoregon.org.